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Madras High CourtWP/33142/2015disposed of

Tamil Nadu Electricity Board v. The Chairman

2015-10-15Honourable Mr Justice M. Sathyanarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15-10-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.33142 of 2015 Tamil Nadu Electricity Board General Employees Union Registration No.CPT 1357/1996 Represented by C.Arumugam General Secretary Having Office at No.34, Third Street Bharat Nagar, Ernavoor, Chennai 600 057 .. Petitioner vs 1.The Chairman Door No.144, Anna Salai Chennai 600 002 2.The Chief Engineer (Personnel) Door No.144, Anna Salai, 8th Floor Chennai 600 002 3.The Superintending Engineer Electricity Distribution Circle (South) Door No.110, K.V. Sub-station Complex K.K. Nagar, Chennai 600 078 4.The Superintending Engineer Electricity Distribution Circle (North) Door No.797, E.B. Complex Anna Salai, Chennai 600 002 5.The Superintending Engineer Electricity Distribution Circle (Central) Nungambakkam High Road Nungambakkam, Chnnai 600 034 6.The Superintending Enginer Electricity Distribution Circle (West) Tirumangalam S.S. Complex Anna Nagar, Chennai 600 102

7.The Superintending Engineer Electricity Distribution Circle Krishnagiri 8.The Superintending Engineer Vazhudhur Gas Turbine Power Station Ramanathapuram Ramanathapuram District 9.The Superintending Engineer Electricity Distribution Circle Ramanathapuram Ramanathapuram District 10.The Superintending Engineer Electricity Distribution Circle Tiruvannamalai Tiruvannamalai District .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the first respondent to forthwith take action on the representation dated 28.9.2015, given by the petitioner-Union seeking ex-gratia payment for Deepavali Festival during the period 2014-2015 (current year) for it's 580 member employees as per B.P. (Chairman) No.9, Administrative Branch, dated 9.1.2008, and pay the same. For Petitioner : Mr.K.Raja For Respondents : Mrs.R.Varalakshmi

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The deponent of the affidavit, who is the General Secretary of the petitioner-Union, would state that 580 employees, who are it's members, had completed more than 480 days of continuous service within two years from the date of joining into service in TANGEDCO and they have not been paid with any ex-gratia amount, though they are covered under the Settlement dated 10.8.2007, under Section 12(3) of the Industrial Disputes Act, 1947.

3.It is further stated by the deponent that the services of some of them have been regularised and in terms of the proceedings of the Tamil Nadu Electricity Board in Per.B.P. (CHAIRMAN) No.9, Administrative Branch, dated 9.1.2008, the members of the petitioner-Union are entitled to get ex-gratia amount and in this regard, a representation dated 28.9.2015, has also been submitted to the first respondent and since no orders have been passed, it came forward to file this writ petition.

4.The learned Counsel appearing for the petitioner, would submit that in the light of the above said Board proceedings, the members of the petitioner-Union are entitled to get ex-gratia amount and prays for appropriate orders.

5.Per contra, Mrs.R.Varalakshmi, learned Standing Counsel, who accepted notice on behalf of the respondents, would submit that admittedly, the services of some of the temporary workers are yet to be regularised and therefore, the members of the petitioner-Union as a matter of right, cannot claim ex-gratia amount and prays for dismissal of this writ petition. 6.The Court has considered the rival submissions and also perused the materials placed before it.

7.Though the petitioner prayed for a larger relief, this Court, in the light of the above facts and circumstances, directs the second respondent to consider the petitioner's representation dated 28.9.2015, on merits and in accordance with law, after taking note of the proceedings in Per.B.P. (CHAIRMAN) No.9, Administrative Branch, dated 9.1.2008, and pass orders thereon on or before 2.11.2015, and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar To:

1.The Chairman Door No.144, Anna Salai Chennai 600 002 2.The Chief Engineer (Personnel) Door No.144, Anna Salai, 8th Floor Chennai 600 002 3.The Superintending Engineer Electricity Distribution Circle (South) Door No.110, K.V. Sub-station Complex K.K. Nagar, Chennai 600 078 4.The Superintending Engineer Electricity Distribution Circle (North) Door No.797, E.B. Complex Anna Salai, Chennai 600 002

5.The Superintending Engineer Electricity Distribution Circle (Central) Nungambakkam High Road Nungambakkam, Chnnai 600 034 6.The Superintending Enginer Electricity Distribution Circle (West) Tirumangalam S.S. Complex Anna Nagar, Chennai 600 102 7.The Superintending Engineer Electricity Distribution Circle Krishnagiri 8.The Superintending Engineer Vazhudhur Gas Turbine Power Station Ramanathapuram Ramanathapuram District 9.The Superintending Engineer Electricity Distribution Circle Ramanathapuram Ramanathapuram District 10.The Superintending Engineer Electricity Distribution Circle Tiruvannamalai Tiruvannamalai District 1 cc to M/s.R. Varalakshmi, SR. 57077 1 cc to Mr.K. Raja, Sr. 57043 nsv W.P.No.33142 of 2015 KM (CO) kk 19/10